Promotional SMS
If it promotes, it is promotional: written consent, full disclosure, quiet hours, opt-out language, and evidence. Internal labels do not matter; content does.
Promotional is the highest-obligation message class, and classification is content-driven: if a reasonable recipient would see promotion of goods or services, the message is marketing no matter what the campaign is called internally.
The full obligation stack: prior express written consent captured with the complete disclosure set; sends inside quiet-hours windows (8 a.m.-9 p.m. federal, 8 p.m. in strict states); brand identification in the message; opt-out language at reasonable cadence (every message is the conservative standard for pure marketing programs); immediate STOP processing; and per-recipient consent evidence retained for four-plus years.
Economics enforce discipline here too: marketing campaigns carry higher 10DLC fees, higher filtering scrutiny, and complaint-rate consequences — a marketing list of reluctant subscribers costs more to send to and is the raw material of class actions.
Frequently asked questions
Related glossary terms
Express written consent is the TCPA standard for marketing SMS — a clear, conspicuous disclosure with a separate, unchecked affirmative opt-in by the consumer, retained as evidence.
Transactional SMS is non-promotional messaging tied to an existing transaction or relationship — receipts, delivery updates, appointment reminders, 2FA — sendable under prior express consent rather than written marketing consent.
Quiet hours are the legally protected windows when telemarketing messages may not be sent: federally before 8 a.m. and after 9 p.m. recipient local time, with stricter state variants like Florida's 8 a.m.-8 p.m.